‘Legalizing’ Politics, ‘Politicizing’ Law: Transnational Activism and International Law

Abstract

Although recent studies have expanded our understanding of the roles played by international law and transnational activism in shaping international and domestic politics, there has been little systematic conceptual integration of the two areas of research. This article develops such a synthesis by reshaping the idea of a transnational political opportunity structure to incorporate the unique opportunities offered by international legal dynamics. The synthesis is developed by focusing on transnational quasi-judicial mechanisms, an increasingly common institution created by international treaties. Under these mechanisms, review bodies assess whether states are complying with codified norms, such as environmental protection. Typically, these review bodies issue nonbinding recommendations. My synthesis explains how and under what conditions activists mobilize transnational quasi-judicial mechanisms for domestic political reform. I show that the optimal dynamics are gaining legal legitimacy for political struggles, while also mobilizing political pressure on the target government to comply with the ‘legal’ process. The article then applies the synthesis to the submission process set up by NAFTA's environmental agreement.